COMPREHENSIVE INDEX TO ALL SUPREME COURT 2015 DECISIONS

ACCIDENTS - Dangerous driving - Death - Proof - From evidence adduced by PW2 and the medical report - Cause of death could be inferred to be due to the accident (H4) Adeyemo v. State (2015) 5 KLR (pt. 364) 1591; (2015) 16 NWLR (Pt.1485) 311

ACCIDENTS - Dangerous driving - Federal highway - Proof - The accident occurred along a road - Which was taken judicial notice of by both lower courts - As federal highway (H5) Adeyemo v. State (2015) 5 KLR (pt. 364) 1591; (2015) 16 NWLR (Pt.1485) 311

ACCIDENTS - Dangerous driving - Ingredients - Proof - Prosecution must prove that manner of driving was reckless - That the dangerous driving caused death - And that accident occurred on federal highway (H3) Adeyemo v. State (2015) 5 KLR (pt. 364) 1591; (2015) 16 NWLR (Pt.1485) 311

ACCIDENTS - Dangerous driving - Proof - Exhibit C was prima facie evidence of dangerous driving - And a sufficient circumstantial evidence required to sustain a conviction (H1) Adeyemo v. State (2015) 5 KLR (pt. 364) 1591; (2015) 16 NWLR (Pt.1485) 311

ACCIDENTS - Defence - Challenge - Where the defence is raised - Prosecution must lead credible and admissible evidence - To convince court that the defence does not avail accused (H3) Maiyaki v. State (2015) 9 KLR (pt. 370) 2735; (2008) 15 NWLR (Pt.1109) 173

ACCIDENTS - Defence of - Condition - The defence does not avail appellant - As he failed to raise the defence timeously (H4) Maiyaki v. State (2015) 9 KLR (pt. 370) 2735; (2008) 15 NWLR (Pt.1109) 173

ACCIDENTS - Defence of - Weight - Where the defence is success

INDEX OF SUBJECT MATTER ALL SC 2015 DECISIONS

fully set up - Appellant is relieved of criminal responsibility - As there is negation of any deliberate act on his part (H2) Maiyaki v. State (2015) 9 KLR (pt. 370) 2735; (2008) 15 NWLR (Pt.1109) 173

ACCIDENTS - Proof - Witnesses - Appellant was at liberty to call any of the surviving passengers - As witness to support his case - And should not dictate to prosecution how to carry out its job (H2) Adeyemo v. State (2015) 5 KLR (pt. 364) 1591; (2015) 16 NWLR (Pt.1485) 311

ACTIONS - Appeals - Consistency of - Appeal being a continuation of the original claim - CA rightly resolved issues that emanated from claim in the trial court (H13) Kayih v. Yilbuk (2015) 2 KLR (pt. 359) 625; (2015) 7 NWLR (Pt.1457) 26

ACTIONS - Appeals - Right - Limit - No right including right of appeal is absolute - As preaction action is a condition for exercise of right to bring action - And not an abridgment of that right (H4) Yaki v. Bagudu (2015) 11 KLR (pt. 374) 3503; (2015) 18 NWLR (Pt.1491) 288

ACTIONS - Chieftaincy matters - Limitation - Okere v. Amadi - By virtue of this decision of SC - No constitutional provision voids limitation period in chieftaincy matters (H7) Ibrahim v. Lawal (2015) 6 KLR (pt. 366) 1949; (2015) 17 NWLR (Pt.1489) 490

ACTIONS - Civil matters - Proof - Standard of - Such matters are decided on balance of probabilities - Hence trial Area Court rightly found that evidence of respondents outweighed that of appellant (H3) Sakati v. Bako (2015) 6 KLR (pt. 366) 2085; (2015) 14 NWLR (Pt.1480) 531

ACTIONS - Commencement - Abuse of process - Appellant's fresh action in Bayelsa State on same subject matter as the one pending in Abuja - Is vexatious and abuse of process (H6) Lokpobiri v. Ogola (2015) 11 KLR (pt. 374) 3461; (2016) 3 NWLR (PT.1499) 328

ACTIONS - Commencement - Limitation - Public Officers Protection Act - The plea can be raised by any of the respondents - And a

INDEX OF SUBJECT MATTER ALL SC 2015 DECISIONS

successful defence under the Act ousts jurisdiction of court (H1) Sylva v. INEC (2015) 3 KLR (pt. 361) 1067; (2015) 16 NWLR (Pt.1486) 576

ACTIONS - Commencement - Originating summons is used where special statutory provisions exist for its application - And not for proceedings where facts are in dispute (H1) Adeyelu II v. Oyewunmi (2015) 9 KLR (pt. 370) 2689

ACTIONS - Commencement - Statute bar - By virtue of P.O.P. Law s. 2 - Respondent's action is not statute barred - Since it was filed within three months after his cause of action arose (H6) CBN v. Okojie (2015) 6 KLR (pt. 367) 2149; (2015) 14 NWLR (Pt.1479) 231

ACTIONS - Commencement - Wrongful procedure - The claim not being for debt or liquidated money demand - Disqualified the case from being heard under the undefended list procedure (H1) Gambo v. Ikechukwu (2015) 9 KLR (pt. 371) 2869; (2011) 17 NWLR (Pt.1277) 561

ACTIONS - Consolidation of - Conditions - Are inter alia that the suits must be pending in same court - And the right to relief claimed in each action - Arose out of the same transaction (H1) Ngere v. Okuruket `XIV' (2015) 6 KLR (pt. 367) 2215; (2015) 15 NWLR (Pt.1482) 392

ACTIONS - Consolidation of - Purpose of - Consolidation is made for expediency and convenience - But where it will result to confusion - Consolidation will not be ordered (H2) Ngere v. Okuruket `XIV' (2015) 6 KLR (pt. 367) 2215; (2015) 15 NWLR (Pt.1482) 392

ACTIONS - Contracts - Jurisdiction - As the action is on simple contract - FHC cannot arrogate itself jurisdiction - Hence CA wrongfully held that trial court lacked jurisdiction to entertain the action (H4) Wema Securities & Finance Plc. v. Nig. Agric. Insu. Corp. (2015) 7 KLR (pt. 369) 2557; (2015) 16 NWLR (Pt.1484) 93

ACTIONS - Courts - Customary courts - To ascertain capacity in which

INDEX OF SUBJECT MATTER ALL SC 2015 DECISIONS

a party initiates action in the court - The whole proceedings must be looked into - And broad interpretation placed on the judgment (H2) Jitte v. Okpulor (2015) 12 KLR (pt. 375) 3649; (2016) 2 NWLR (PT.1497) 542

ACTIONS - Courts - Parties - Joinder of - Is ordered where the party is aggrieved - To avoid multiplicity of suits - Completely deal with the suit - Ensure fair hearing and to avoid loss of jurisdiction (H4) Akpamgbo-Okadigbo v. Chidi (1) (2015) 3 KLR (pt. 361) 953; (2015) 10 NWLR (Pt.1466) 124

ACTIONS - Crime - Allegation of - Proof - Evidence Act s. 135(1) - Allegation of fraud and conspiracy on which 1^st appellant based his case - Has to be proved beyond reasonable doubt (H2) ACN v. INEC (2015) 9 KLR (pt. 372) 3031; (2013) 13 NWLR (Pt.1370) 161

ACTIONS - Damages - Award - Basis - Amount of damages awarded by trial court - Is based on evidence before the court - And where there is no evidence in support - The claim would be dismissed (H10) CBN v. Okojie (2015) 6 KLR (pt. 367) 2149; (2015) 14 NWLR (Pt.1479) 231

ACTIONS - Determination - Basis - A case is decided on credible evidence led in trial court - And where no evidence is led - Nothing much can be achieved on appeal (H13) CBN v. Okojie (2015) 6 KLR (pt. 367) 2149; (2015) 14 NWLR (Pt.1479) 231

ACTIONS - Determination - Basis - Cases are decided on their peculiar facts - And in the light of the applicable law - As every case is an authority for the facts which it decides (H2) Dankwambo v. Abubakar (2015) 10 KLR (pt. 373) 3237; (2016) 2 NWLR (Pt.1495) 157

ACTIONS - Elections - Action - Mandatory injunction - 1^st to 5^th respondents' quest for the injunction in respect of election matter - Filed at HC instead of election tribunal - Is not maintainable in law (H3) Akpamgbo-Okadigbo v. Chidi (2) (2015) 3 KLR (pt. 360) 759; (2015) 10 NWLR (Pt.1466) 124

ACTIONS - Elections - LG chairmen - Expired tenure - Since tenure